Cancel PCP under distance selling regs?

markthompson32

Hi, Hoping someone can advise. I have entered into a PCP over internet that I no longer want. Signed order confirmation which says something about agency and supply contract is enetered into so distance selling regs cannot be applied and any cancellation means I pay 3 months worth of payments.

Is this enforceable? I havent paid anything yet, I havent entered into a Finance agreement as far as I can tell. Can I cancel and walk away or can they make me pay for 3 months? I would expect to maybe pay an admin fee or something..

Thanks

neilmcl

markthompson32 wrote: »

Hi, Hoping someone can advise. I have entered into a PCP over internet that I no longer want. Signed order confirmation which says something about agency and supply contract is enetered into so distance selling regs cannot be applied and any cancellation means I pay 3 months worth of payments.

Is this enforceable? I havent paid anything yet, I havent entered into a Finance agreement as far as I can tell. Can I cancel and walk away or can they make me pay for 3 months? I would expect to maybe pay an admin fee or something..

Thanks

Are you sure about this, what do you think a PCP is if not a finance agreement. Standard finance cooling off period applies.

bris

Time lines would be handy, when did you agree and when did you cancel in the proper format to them.

markthompson32

bris wrote: »

Time lines would be handy, when did you agree and when did you cancel in the proper format to them.

Signed order confirmation in July, but that simply confirms car and costs a 1 pager, all about sourcing the vehicle no credit related info, that wont be signed until much closer to vehicle delivery.

Am about to cancel but want to be armed with my rights. Dont understand how they can say its not covered by distance selling once I have agreed to order.

wealdroam

markthompson32 wrote: »

Dont understand how they can say its not covered by distance selling once I have agreed to order.

Neither do I.

Perhaps you can expand on "...which says something about agency and supply contract is enetered into".

markthompson32

wealdroam wrote: »

Neither do I.

Perhaps you can expand on "...which says something about agency and supply contract is enetered into".

Agency Contract and Supply Contract - by signing this form you are entering into an Agency Contract (for the supply of
services) and a Supply Contract (for the supply of goods). C****** will act on your behalf to source the
vehicle described above. You will not have the right (under the Distance Selling Regulations) to cancel the Agency Contract
once we have begun to source the vehide. ln the event of cancellation of an order, a cancellation fee of 3 months rental is
payable.
To confirm your acceptance of the above, and for us to proceed with vehicle supply, please authorise by signing

neilmcl

Are you sure this is a PCP?

This - "ln the event of cancellation of an order, a cancellation fee of 3 months rental" would suggest this is a contract lease plan you're signing up to.

timbstoke

That sounds suspiciously like they're introducing a fake middleman to try and sell you a service ("we'll buy a car for you") rather than a product ("We'll sell you a car"), with the specific intention of getting around the DSRs.

I'd be tempted to tell them that such a blatant attempt to get around the law would almost certainly fall foul of UTCCR, and that unless they would like to test their scam in court, you expect your rights under the DSR's to be honoured.

Edit: http://www.legalbeagles.info/forums/showthread.php?21712-Vehicle-Lease-Company includes a response to such a company from a Trading Standards Officer, who appear to agree that the consumer can cancel without penalty.

InsideInsurance

markthompson32 wrote: »

Hi, Hoping someone can advise. I have entered into a PCP over internet that I no longer want. Signed order confirmation which says something about agency and supply contract is enetered into so distance selling regs cannot be applied and any cancellation means I pay 3 months worth of payments.

Is this enforceable? I havent paid anything yet, I havent entered into a Finance agreement as far as I can tell. Can I cancel and walk away or can they make me pay for 3 months? I would expect to maybe pay an admin fee or something..

Thanks

A PCP wouldnt be covered by the DSR as firstly the DSR dont exist any more and secondly even when it did exist and its new replacement do not apply to financial contracts as these are regulated by different laws.

From what you say however it is not a PCP contract you have signed but some form of service agreement to locate a vehicle for you?

The difference with a service and goods is that once a service commences the cooling off period is automatically ended as long as they make you aware of this prior to commencing the service. From the T&Cs you have copied below it would suggest that they have and so their own cancellation fees would apply.

The challenge is going to be if they really are providing a service or are actually providing goods - which they would be if its simply a car on a PCP contract.

If you gave more background of exactly whats going on it would make life for those trying to help you much easier as at the moment you are posting a lot of contradictory information, starting off saying its PCP and then saying its a car finding service and then talking about rent which isnt relevant to PCP either

markthompson32

InsideInsurance wrote: »

If you gave more background of exactly whats going on it would make life for those trying to help you much easier as at the moment you are posting a lot of contradictory information, starting off saying its PCP and then saying its a car finding service and then talking about rent which isnt relevant to PCP either

I dont think its contradictory? Its how it is, a lease company is selling me a VW Golf via PCP.

Anyway more detail. Its with a well known leasing company that usually do contract hire, however the particular car I wanted couldnt be done via personal contact hire with VW finance, only business. So what they advertised was a PCP deal which would have a deposit and a number of monthly payments a lot like PCH, difference being there is a GFV (which seems very high, but it must be how they made the PCP so cheap).

Their form is similar as they do for Contact Hire (I have another car through them for contract hire) but it says it is an Order Confirmation form for PCP then outlines the car details the payment schedule and balloon payment.

Has some blurb on; subject to credit approval, no delivery until fees paid, all rates quoted are indicative and do not constitute a contractual obligation to supply, then the agency and supply contract bit I pasted up above and then authorisation of the above and for proceeding with vehicle supply followed by my signature.

gik

markthompson32 wrote: »

I dont think its contradictory? Its how it is, a lease company is selling me a VW Golf via PCP.

Anyway more detail. Its with a well known leasing company that usually do contract hire, however the particular car I wanted couldnt be done via personal contact hire with VW finance, only business. So what they advertised was a PCP deal which would have a deposit and a number of monthly payments a lot like PCH, difference being there is a GFV (which seems very high, but it must be how they made the PCP so cheap).

Their form is similar as they do for Contact Hire (I have another car through them for contract hire) but it says it is an Order Confirmation form for PCP then outlines the car details the payment schedule and balloon payment.

Has some blurb on; subject to credit approval, no delivery until fees paid, all rates quoted are indicative and do not constitute a contractual obligation to supply, then the agency and supply contract bit I pasted up above and then authorisation of the above and for proceeding with vehicle supply followed by my signature.

I'm not sure the DSR/CCR would apply.